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Bridgestone Retail Operations, LLC<br />

PROJECT MANUAL<br />

Version: January 2012<br />

v. Professional Liability (Errors and Omissions). On a claims made basis with an annual aggregate limit of<br />

liability of not less than $1,000,000 each claim and $2,000,000 in the aggregate (with a deductible of no more<br />

than $25,000) for six (6) years after completion of the Work under this Contract or the applicable statute of<br />

limitations, whichever is longer. This Policy shall be required where architectural, engineering or other<br />

professional services are provided by or through Contractor as a part of the Work.<br />

vi. Builder’s Risk Insurance. Limits shall be not less than the insurable value of the Work at completion,<br />

including the aggregate value of Owner-furnished equipment and materials to be constructed or installed by<br />

Contractor. The coverage period must not end prior to the date of completion of the Work. This coverage shall<br />

include: (a) “all risks” of direct physical loss to buildings, structures, equipment, and materials used in<br />

providing, performing and completing the Work, including without limitation fire, extended coverage,<br />

vandalism and malicious mischief, sprinkler leakage, flood, earthquake, earth movement, collapse, tornado,<br />

hail, windstorm, and named windstorm, (b) equipment or materials while in warehouses, during installation,<br />

during testing, and after the Work is completed, but prior to final acceptance, (c) any period during which<br />

Owner is occupying all or part of the Work but prior to final acceptance without the need for the insurance<br />

company’s consent, (d) Owner as Named Insured and as the “loss payee” with respect to claims under the<br />

Builder’s Risk Insurance, and (e) waiver of coinsurance.<br />

All certificates and policies required in this Section 11 shall: (i) provide that no cancellation or non-renewal of any<br />

insurance shall become effective until the expiration of thirty (30) days after written notice shall have been given by<br />

the insurance company to Owner, and (ii) be primary and not entitled to contribution from any insurance maintained<br />

by Owner. Renewal certificates are to be provided to Owner prior to the expiration of the required insurance<br />

policies. Except with respect to the limits of insurance, Contractor’s required insurance shall apply separately to each<br />

insured or additional insured.<br />

The funding of deductibles, self-insured retentions or self-insured programs maintained by Contractor shall be the<br />

sole responsibility of Contractor, including any amounts applicable to claims involving the Owner as an additional<br />

insured. Any self-insured retentions or deductibles not funded by the insurer which are in excess of $25,000 must be<br />

declared to and approved by the Owner.<br />

Use of leased employees by Contractor is expressly prohibited without Owner’s written permission. If permitted by<br />

Owner, Contractor shall:<br />

a. Require leasing company to provide workers’ compensation and employer’s liability insurance with<br />

limits in amounts not less than required of Contractor.<br />

b. Require leasing company to provide waiver of subrogation in favor of Owner on leasing company’s<br />

workers’ compensation insurance policy.<br />

c. Provide Owner with a copy of leasing company’s certificate of insurance, with endorsements,<br />

evidencing the required coverage.<br />

In specifying minimum Contractor insurance requirements, Owner does not represent that such insurance is adequate<br />

to protect Contractor for loss, damage or liability arising from its work. Contractor is solely responsible to inform<br />

itself of the types or amounts of insurance it may need beyond these requirements to protect itself.<br />

The insurance requirements set forth in minimum amounts shall not be construed to relieve Contractor for liability in<br />

excess of such coverages, nor shall it preclude Owner from taking such other actions as is available to it under any<br />

other provision of the Contract. Any acceptance of certificates of insurance by Owner shall in no way limit or relieve<br />

Contractor of its duties and responsibilities under this Contract, including the duty to indemnify and hold harmless<br />

Owner.<br />

C. Subcontractor Insurance. All Subcontractors shall provide the insurance required by Items i, ii, iii, iv,<br />

and v (when v is applicable) of Section 11(B) above.<br />

{00052658.DOC;1}<br />

STANDARD GENERAL CONDITIONS – MULTI-DRAW CONTRACT 01001 - Page 6 of 23

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